BANISHING DRUGS: WORTH THE PRICE?

Swisher County Residents Still Reeling From Repercussions Of 1999 Crackdown

TULIA - In one of the least populated counties on the South Plains,
taxpayers are footing the bill for one of the area's largest anti-drug
operations in recent years.

Swisher County continues to spend a significant chunk of its annual budget
on expenses related to drug cases in Tulia last summer that netted 43 arrests.

The county has had to deal with an overflowing jail population and field
questions from residents dismayed about a tax increase stemming from the
massive bust.

Questions also have risen about the key witness in the case and the fact
that almost all the defendants are black.

The cost of housing inmates and trying them is expected to run about
$230,000, about 14 percent of the county's annual budget of $3.2 million,
Swisher County Judge Harold Keeter said.

Because the arrests have flooded the capacity of the local jail, inmates
are being housed in neighboring Hockley and Hale counties -- costing about
$35 per day. Seven inmates are currently residing in out-of-town jails, the
judge said.

Because of the costs of housing inmates, trials and legal fees, Swisher
County taxpayers saw a 5.8 percent property tax increase in October, Keeter
said.

Mike Culwell, a longtime farmer and rancher northeast of Tulia, said he's
angry that his taxes went up to pay for the inmates.

"There's going to be a taxpayers' revolt before it's all over," Culwell
said. "I tell you what, it makes me sick to see the absolute waste of
taxpayers' money. ...

"People say, 'Oh, because you don't want taxes raised, you think that we
need drugs,' and that's not what I'm saying at all. If this was working ...
I would be ready to deepen my pockets. But it isn't working. Let's wake up,
people."

But longtime Tulia resident Penny McClurg said she understands why the tax
increase was necessary.

"As far as getting the drugs off the streets, they need to be out of here
and away from my kids," she said. "They have no business being in our
society, and if I can pay a few extra dollars in taxes to get them out of
here, that's fine."

Judge Keeter said the county has been able to afford all the costs thus far.

"We were hoping to have some reserve, but that's going to pretty much eat
up everything we've built up in the last couple years," he said. "Right
now, we're holding up pretty well. If things keep progressing the way they
have in the past few months and we can contain the cost in our own jail,
that's going to make a big difference."

Most suspects faced multiple charges in connection with selling cocaine,
marijuana or methamphetamines to an undercover officer. About 25 defendants
have pleaded guilty thus far, and seven jury trials have concluded, Swisher
County District Attorney Terry McEachern said.

Keeter said speedy trials have helped to cut costs. In addition, plea
bargains entered by several defendants were significantly cheaper for the
county than trials would have been, he said.

In a county with a total population of about 7,000, County Commissioner
Billy Settle said he empathizes with taxpayers.

"We can pay for it, but Swisher County is a small agricultural community,"
he said. "Basically, agriculture is all there is here, and you know what
shape agriculture is in. It's a terrible strain on our county."

The Star Witness

Officer Tom Coleman has testified that he worked undercover for about 18
months. The convictions have rested largely on the evidence provided by
Coleman, praised as a lawman by some, but viewed with skepticism by others.

Coleman was hired by the Swisher County Sheriff's Department in January
1998 in conjunction with the Panhandle Narcotics Task Force in Amarillo.
Coleman said in court recently that he reported to both agencies during the
18-month investigation. Before going to work for Swisher County, Coleman
had been a sheriff's deputy in Cochran County.

Soon after he began working in Swisher County, Coleman was charged with
theft and abuse of his official position in Cochran County, records from
the Cochran County District Clerk's Office show.

Coleman was accused of misusing property, fuel and money belonging to
Cochran County while employed as a deputy, the document said.

His Lubbock attorney, Garry Smith, declined comment on the case. In a copy
of a letter addressed to Pat Phelan, Hockley County attorney and special
prosecutor in the case, Smith stated that Coleman agreed to pay $6,950 in
restitution. The charges against Coleman were dismissed Aug. 17, court
documents show.

Previous allegations against Coleman have not been allowed into court
during the drug defendants' jury trials.

"I think there's a lot of questions that need to be answered about the
integrity of that undercover cop," Culwell said. "They're not even letting
his integrity be brought into question, and it needs to be."

The district attorney contends that Coleman is in good standing with local
authorities and was honored as Outstanding Lawman of the Year in 1999
following the drug busts.

"When somebody's indicted or charged with something, until they're
convicted you cannot hold that against them," McEachern said. "In this
particular case (out of Cochran County) there was a specific finding that
he had committed no offense. If I did not 100 percent believe Tom Coleman
was telling the truth, I would not be trying these cases."

A letter written by former Cochran County Sheriff Ken Burke to the Texas
Commission on Law Enforcement Officer Standards and Education, the
licensing agency for Texas officers, indicates that Coleman was not held in
high regard in Cochran County.

"Mr. Coleman should not be in law enforcement if he is going to do people
the way he did this town," Burke stated in the letter, which was dated June
14, 1996.

In addition, a former girlfriend filed a complaint against Coleman in 1996
with the Patoka, Ill., police department, a police report said. The
ex-girlfriend told police that Coleman harassed her, the report said. No
formal charges were ever pressed, a police department spokesman said.

"All these drug deals. They're taking the word of one undercover agent
who's been in trouble himself to lock these kids away forever, and I'm not
sure that's too appropriate," Culwell said.

The A-J requested an interview with Coleman, but he declined.

Coleman no longer works in Swisher County.

Fred Brookins has a son who was sentenced to 20 years imprisonment in
connection with the drug charges, he said.

"The thing that really concerns me about this whole operation is they're
using one man's word against another man's word. (Coleman) is not the kind
of character that I would take his word over another person's word,"
Brookins said.

Questions About Race

In addition to questions surrounding the integrity of the undercover
officer, the drug bust has been criticized in racial overtones.

Of the 43 arrests, one Hispanic person and two white people were detained,
McEachern said. The rest are black.

Mattie White has three children and several relatives indicted in
connection with the bust, and she's concerned her family has been targeted
by authorities because they're black, she said.

"It's all around town -- they don't want blacks living around town. The
police have always targeted my family. It's terrible here. This town is
just pitiful," she said. "I know (drugs) hurt the community, and I don't
believe in it. They just do not want the blacks here. That's not the way
you're supposed to be. You can't tell people where to live and where not to
live."

Brookins, who is black, also contends that the drug bust was racially
motivated.

"Pretty much the whole thing is the act of targeting a certain race of
people is what I'm seeing here," Brookins said.

The stiffest sentence thus far, however, came for William Cash Love, a
white man who was on probation for drug-related charges when arrested
during the sting. He was sentenced to 434 years imprisonment, McEachern
said. Love faced eight charges in relation to the bust, including two
first-degree felonies for selling drugs within 1,000 feet of a playground,
McEachern said.

The lightest sentence thus far came for Vickie Fry, a black woman who
received five years probation.

In a copy of a sworn affidavit, White claims that Sheriff Larry Stewart
provided a list of names to Coleman prior to the investigation.

"Sheriff Stewart told me that he had a list of names of black people in
town he wanted investigated ..." White said in the affidavit.

Stewart denied those allegations of targeting black people.

"I will tell you this: I guess anyone in their mind has folks they think
could be involved," the sheriff said. "I did not hand him a list and say go
out and do this. He was told to go wherever the investigation led, whether
it led into my office, the richest part of town or the poorest."

Stewart said the investigation would have been terminated had he suspected
any improprieties.

"Most of the people that are suspicious of this, they don't have all the
facts," he said. "We would certainly not be doing this if we did not
believe in the integrity of the officer."

Fighting drugs is something McEachern said isn't going to be deterred by a
few naysayers. He said the county plans to continue to work with undercover
officers to get drug dealers off the streets.

"I'll be the first to tell you yes, we're going to bring somebody else in,"
he said. "Drugs are out there and we're here to stop them."